The Court of Protection

People lose capacity in various ways - through old age, an accident or illness.  The Court of Protection, established by the Mental Capacity Act 2005, protects the rights and interests of those who are the most vulnerable, people who are unable to make decisions regarding their property, affairs or personal welfare as a result of lacking mental capacity.

Powers of Attorney

Our experienced team can explain and prepare a Lasting Power of Attorney for you. To find out more, please follow this link (link to Powers of Attorney).

 Our Court of Protection team can also help and guide you if:

  • You are an Attorney and you need to register the LPA or an existing Enduring Power of Attorney (EPAs were created pre-October 2007) with the Court of Protection;
  • You object to the LPA or EPA being registered by the Attorney;
  • You feel that someone is abusing their powers as an Attorney in that they are not acting in the best interests of the vulnerable person; and
  • You are an Attorney and an application is commenced against you. 

Appointment of a Deputy

If provision has not been made for an Attorney and a person loses capacity, the Court must decide who should take decisions on behalf of the vulnerable person and will appoint a person to act as a Deputy. 

A relative, friend, solicitor or other suitable professional would need to apply to the Court to become the Deputy.  If there is no one willing or able to act as Deputy then the Court will appoint a Deputy from a panel. 

The Deputy is the same as an Attorney but is answerable to the Court.  The Court ensures that the Deputy appointed acts correctly or they can be removed from their appointment.

We can assist and guide you if:

  • There is no EPA or LPA and you want to be appointed as a Deputy;
  • There are no family members or friends willing or capable of being a Deputy.  In this situation, a member of our team can be appointed as a Deputy;
  • You object to an application being made by a family member or friend to be appointed as a Deputy;

Removal of a Deputy

If you are a retiring Deputy or a person who could have been a Deputy on the first application and you wish for a new Deputy to be appointed, then we can help you. 

A Deputy can be replaced for a number of reasons including the following

  • You oppose the appointment of a Deputy and propose a suitable alternative;
  • You are the Deputy but you are unable to carry out this role and wish to be replaced;
  • The relationship between the vulnerable person and the Deputy has broken down;
  • The Deputy has misappropriated funds, acted improperly or failed to deliver an account. 

We can also assist you if you are a Deputy and an application has been made to remove you from your appointment.

If you would like an initial consultation to discuss the possibility of bringing or defending a claim, please email Robert Worthing.

Contested estates

We have considerable experience in acting for individuals who wish to make or defend financial claims against Estates.  These claims are often made on the basis that the deceased failed to make “reasonable financial provision”.  The categories of people who are able to make an application to the Court are currently as follows:

  • The spouse or civil partner of the deceased.
  • A former spouse or civil partner, but not one who has formed a subsequent marriage or civil partnership.
  • A partner who has lived with the deceased for at least two years immediately before their death. 
  • A child of the person who made the Will, or somebody who was treated as a child.
  • Any other person who immediately before the death was being maintained either wholly or partly by the deceased.

We also make and defend applications to challenge wills and lifetime gifts where somebody may have been under duress or incapable of understanding what they were doing.

As in other areas of our Practice, we are able to take actions against other professionals who may have advised negligently in these areas.

If you would like an initial consultation to discuss the possibility of bringing or defending a claim, please email Robert Worthing.